Legal Opinion
Robards v. Estate of Kantzler
Michigan Court of Appeals
Decided July 1, 1980No. Docket 78-4072PublishedCited by 21 opinions
1Opinion of the CourtBashara, J.
This case presents an issue of first impression in this state. Does the dual capacity doctrine permit an employee, injured in the course of his employment by a machine leased to the employer by a fellow employee, to state a claim otherwise barred by the exclusive remedy and coemployee immunity provisions of the Workmen’s Compensation Act (hereinafter the Act)? MCL 418.131; MSA 17.237(131), MCL 418.827; MSA 17.237(827). The trial court held that plaintiff-employee’s exclusive remedy was under the Act and granted accelerated judgment in favor of defendant. GCR 1963, 116.1(5).
The court must…
2Cases cited9 opinions
- Mathis v. Interstate Motor Freight SystemMichigan Supreme Court · 1980
- Williams v. American Title InsuranceMichigan Court of Appeals · 1978
- Dixon v. SypeMichigan Court of Appeals · 1979
- Szydlowski v. General Motors Corp.Michigan Court of Appeals · 1975
- Jones v. KeetchMichigan Supreme Court · 1972
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cramer v. Metropolitan Savings Ass'nMichigan Court of Appeals · 1984
- Herbolsheimer v. SMS Holding Co., Inc.Michigan Court of Appeals · 2000
- Holody v. City of DetroitMichigan Court of Appeals · 1982
- Allstate Insurance v. Citizens Insurance Co. of AmericaMichigan Court of Appeals · 1982
- Handley v. Wyandotte Chemicals Corp.Michigan Court of Appeals · 1982
16 more not listed; retrieve them via the Exa API.